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SNYDER v. FREEMAN

No. 787SC309.

253 S.E.2d 10 (1979)

40 N.C. App. 348

Phyllis H. SNYDER v. George K. FREEMAN, Jr., Douglas L. Croom, John Colucci, Jr., John Colucci, III, Woodrow Pridgen, Aeronautics, Inc., and Paul DaSan Martino.

Court of Appeals of North Carolina.

March 20, 1979.

Attorney(s) appearing for the Case

Franklin L. Block, Wilmington, for plaintiff appellant.

George K. Freeman, Jr., Goldsboro, for George K. Freeman, Jr., defendant appellee; Rountree & Newton, by George Rountree, III, and J. Harold Seagle, Wilmington, for defendants appellees.

CLARK, Judge.

The record on appeal does not disclose that the defendants moved for a Rule 12(b)(6) dismissal. The defendants, however, did plead in their answers that the complaint failed to state a claim for relief. This defense can be raised at any time on application by the parties. G.S. 1A-1, Rule 12(d). We assume that the court treated the defendants' motion for summary judgment as an application for a hearing on their Rule 12(b)(6) defense. Since the first alternative...

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